PEOPLE v. JAMES (2001)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Cecil JAMES, Appellant.

Decided: April 09, 2001

FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN and ROBERT W. SCHMIDT, JJ.

M. Sue Wycoff, New York, N.Y. (Michelle Fox of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Hillel Hoffman of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 21, 1997, convicting him of sodomy in the first degree and sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, there is no significant probability that he would have been acquitted but for the testimony of the complainant's grandmother concerning the complainant's demeanor when he saw the defendant two days after the incident. Any error in permitting that testimony was, therefore, harmless (see, People v. Teixeira, 189 A.D.2d 838, 592 N.Y.S.2d 757; People v. Pyne, 125 A.D.2d 720, 510 N.Y.S.2d 200; People v. Grubbs, 112 A.D.2d 104, 492 N.Y.S.2d 377).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

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